Evidence-Wellborn SU2006 Outline

State sanctions when the exclusion rule is violated

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Unformatted text preview: ion of the entire document pursuant to FRE 612 Plaintiffs contend that attorney client privilege protects the ntoes from disclosure. Issue: Did N, by referring to his notes during the deposition, waive the attorney-client privilege and work-product protection for all or part of the document? Holding: Waiver occurred as to those portions of the notes to which reference was made. Weight of authority holds that privilege and protections are waived under the command of Rule 712. The entire document need not be disclosed: Purposes of disclosure under Rule 612 are to test the credibility of a witness' claim that memory has been revived and to expose any discrepancies between the writing and the testimony. Both purposes are served by ordering disclosure of only those portions of the document actually referred to in recollection: Witness cannot be improperly prompted by material he has not examined. Notes: Court is very nice here in saying that only those parts of the document used to refresh memory are admissible.... Texas Rule...
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